ACIT, CC-1(2), Kolkata v. Fort Projects Pvt. Ltd
[Citation -2019-LL-0925-49]

Citation 2019-LL-0925-49
Appellant Name ACIT, CC-1(2), Kolkata
Respondent Name Fort Projects Pvt. Ltd.
Court ITAT-Kolkata
Relevant Act Income-tax
Date of Order 25/09/2019
Assessment Year 2010-11
Judgment View Judgment
Keyword Tags tax effect • recalling order • mistake apparent
Bot Summary: CIT Respondent by Shri S. M. Surana, Advocate Date of Hearing 20/09/2019 Date of Pronouncement 25/09/2019 ORDER Per Dr. A. L. Saini This is a miscellaneous application filed by the Revenue praying to recall the order of the Tribunal dated 04/09/2018. The case of the Revenue in this MA is that tax effect involved in this appeal is Rs. 22,57,020/- which is more than prescribed limit laid down by CBDT. Therefore, order should be recalled. Counsel for the assessee submitted before us that as per section 115JB, the total tax liability comes to Rs. 11,62,365/- which is below Rs. 20,00,000/- therefore, order is not erroneous and it should not be recalled. Having gone through the above computation of tax effect, we are of the view that tax effect is less than Rs. 20,00,000/- therefore order passed by the Tribunal does not contain any apparent mistake. In the result, the Miscellaneous Application of the Revenue is dismissed. Order is pronounced in the open court on 25.09.2019.


IN INCOME TAX APPELLATE TRIBUNAL C , BENCH KOLKATA BEFORE SHRI S.S. GODARA, JM &DR. A.L.SAINI, AM M.A. No.53/Kol/2019 (Arising out of ITA No.2247/Kol/2016) (Assessment Year: 2010-11) ACIT, CC-1(2), Kolkata Vs. M/s Fort Projects Pvt. Ltd. 7/1A, Hazra Road, Kolkata-700026 PAN/GIR No.: AAACF3620N (Assessee) (Revenue) Assessee by Shri Robin Chowdhury, Addl. CIT Respondent by Shri S. M. Surana, Advocate Date of Hearing 20/09/2019 Date of Pronouncement 25/09/2019 ORDER Per Dr. A. L. Saini This is miscellaneous application filed by Revenue praying to recall order of Tribunal dated 04/09/2018. 2. case of Revenue in this MA is that tax effect involved in this appeal is Rs. 22,57,020/- which is more than prescribed limit laid down by CBDT. Therefore, order should be recalled. 3. Whereas, ld. Counsel for assessee submitted before us that as per section 115JB, total tax liability comes to Rs. 11,62,365/- which is below Rs. 20,00,000/- therefore, order is not erroneous and it should not be recalled. assessee submitted calculation of tax effect as follows: Tax effect u/s 115JB Disputed Addition u/s 115JB Rs. 75,23,401/- Tax @ 15% Rs. 11,28,510/- Cess 3% Rs. 33,855/- Tax effect Rs. 11,62,365/- M/s Fort Project Pvt. Ltd. MA No. 53/Kol/2019 (Arising out of I.T.A. No. 2247/Kol/2016) Assessment Year:2010-11 4. Having gone through above computation of tax effect, we are of view that tax effect is less than Rs. 20,00,000/- therefore order passed by Tribunal does not contain any apparent mistake. Therefore, we dismiss MA of Revenue. 5. In result, Miscellaneous Application of Revenue is dismissed. Order is pronounced in open court on 25.09.2019. Sd/- Sd/- (S.S. GODARA) (A.L.SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER Date 25/09/2019 (SB, Sr.PS) Copy of order forwarded to 1. ACIT, Central Circle-1(2), Kolkata 2. M/s Fort Project Pvt. Ltd. 3. C.I.T(A)- 4. C.I.T.- Kolkata. 5. CIT(DR), Kolkata Benches, Kolkata. 6. Guard File. True copy By Order Assistant Registrar ITAT, Kolkata Benches ACIT, CC-1(2), Kolkata v. Fort Projects Pvt. Ltd
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